Thailand: "Disappearance" verdict leaves questions

Significant questions remain unanswered in the
case of Somchai Neelapaijit, said Amnesty International as
the verdict was announced in the trial of five police
officers charged in connection with the "disappearance" of
the leading human rights lawyer.

"Instead of resolving the
'disappearance' of Somchai, the trial of five police
officers has ended with his fate and whereabouts
unclarified," said Catherine Baber, Deputy Asia Director at
Amnesty International. "The authorities must act to clarify
these questions and ensure all suspected perpetrators of his
'disappearance' are brought to justice."

One police
officer was sentenced to three years' imprisonment for
coercion, while the other four were acquitted. As forced
"disappearance" is not a criminal offence under Thai law,
the five police officers suspected of involvement in his
"disappearance" were charged with lesser offences of theft
and coercion.

Somchai Neelapaijit's "disappearance" is an
important test case of Thailand's ability to provide redress
and remedy for all human rights violations, and to protect
those, like him, who have endeavoured to defend human rights
in the country.

Thailand must demonstrate its commitment
to ending "disappearances" by making forced "disappearances"
an offence under Thai criminal law, and ratifying the UN
International Convention for the Protection of all Persons
from Enforced Disappearances.

It is paramount that the
authorities act to guarantee a climate in which people may
report on all alleged violations of human rights by state
officials and seek redress without fear of reprisal,
including "disappearance". They should ensure that
investigations of state officials are carried out
independently by a body with the power to recommend
prosecution and provide protection to both plaintiffs and
witnesses.

BackgroundSomchai Neelaphaijit, 53, the
Chairman of the Muslim Lawyers Association and vice chair of
the Human Rights Committee of the Lawyers Association of
Thailand, "disappeared" after being forced into his car on
12 March 2004 in Bangkok. Before he "disappeared" he had
received death threats and been intimidated.

Somchai
Neelapaijit had been a prominent critic of the declaration
of martial law in Thailand’s southern provinces, and was
acting on behalf of five individuals detained in connection
with violence in the south, who had been tortured by police.
The individuals have subsequently been released from
detention and no-one is known to have been prosecuted for
their torture. Somchai Neelaphaijit’s wife and family have
received threats warning them not to speak out about his
"disappearance".

The Thai authorities' past failure to
hold anyone to account for human rights violations,
including "disappearances" has fostered a climate in which
security forces have committed human rights violations such
as "disappearances" with
impunity.

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